A&L Cards and Tessera (Rockwell)

[ODC]

Im no expert but without their signatures these would appear to be worthless (to the DCA anyway) Worth a lot to you though epecially if they turn up later with a signature on them

[ODC]

Ok so it might be unreadable on the fax/scan they sent you but if they brought the original document to court then it would be legible.

 

On that point can anyone tell me do the DCAs have to produce the original document in court to prove a contested case

[ODC]

Yes, exactly my point.

 

But, they are meant to send me a true copy of the document, so what i get should be what they have. Otherwise it is not a true to the original.

 

Anyway, it still won't have their signature on unless they now sign it but that means fraud. Therefore it has not been executed properly.

Exactly. You now appear to have them by the nuts.

 

 

Now take a deep breath

 

 

 

 

 

 

 

 

 

 

 

 

and squeeze them hard:D

[ODC]

Maybe ....

 

Just hope mine don't get squeezed if they magically conjure up a fully legible signed executed agreement with all terms and conditions nicely typed and formatted!

Bit late for them now after what they have sent in response to you CCA request. Imagine trying to explain that to M'Learned friends in court. To say they would be in deep doo doo would be putting it mildly.

[ODC]

They will probably do FA but it gets them off your back. Its up to you TIFO how far you push it. By the way are we related we both seem to be dealing with the same professional highly trained Debt Collectors (their words not mine OBVIOUSLY.) Good job you cant type S****horpe into this

[ODC]

I think you would find that most courts ignore the CCA s.78 non-compliance as it has no bearing on whether to prove the debt exists because that can be shown by other means.

 

I think most DCAs would not risk the possibility of a fine in case the judge has had a bad day, but most of them know that nothing will really be done against them in court.

 

This is why it is a hard decision to take them to court for non-compliance and removal of defaults as that may open me to having the debt enforced and therefore I will have lost once and lost again.

If you can get the leeches off your back by them not being able to prove the debt then to me anyway Thats A Victory

[ODC]

yes, i agree.

 

but, i want finality as i don't want the account being passed to someone else and then the whole process starts again.

If they cant prove it then its unlikely whoever they sell the debt to will be able to prove it either. The more the debt is passed around the less economical it becomes for the DCAs to persue. Yes of course they will huff, bluster and threat but without the proof they cannot enforce it

[ODC]

A few years ago everyone would have quaked and collapsed and coughed up at these empty threats. Now thanks to places like this we know our rights and if they can comply with the law then they get paid. If they cant thats their problem, Sad for them isnt it. The law is their for everyones benefit. Sometime some of these greedy people will learn treat the debtor with respect and more often than not they will get whats due. Treat people like dirt and what do you expect.

[ODC]

Once a debt gets passed to MH you know you have won and its unenforcable. They are the lowest of the bottom feeders and float around picking up the waste products that other DCAs discard.

[ODC]

Interesting Muck Hall are chasing me for a so called Tossera account. In fact they have offered me a settlement discount. I havent event bothered wasting a stamp on them but in view of your experience with MH I may just play along and hit them with a claim.

[ODC]

Thanks davey,

 

The letter came from management. It said they are 'closing' the accounts and i should not hear any more from them.

 

On the phone, the guy said they could re-open the accounts in future if, at a meeting, the management decide to re-open written off accounts.

 

So kind of limbo i suppose.

They just cannot bear to agmit defeat can they. If they foolishly decide to open up the accounts again then Im sure your many buddies in CAG will assist you in making them regret their foolishness.